[2010] EWCA Crim 2400

Where defendants entering the United Kingdom via other European countries with false documents and claiming asylum had been charged with offences under the Identity Cards Act 2006 s.25(1) and had not been advised of the availability of a defence under s.31, their convictions could not be regarded as safe. It was open to anyone charged with an offence under s.25(1) to adduce sufficient material to raise an issue that he was a refugee and entitled to the protection of s.31.

CA (Crim Div) (Leveson LJ, Owen J, Flaux J)

19/10/2010